(Update May 28: Adds government response.)
TheGunBlog.ca — The Canadian Coalition for Firearm Rights is leading a group that sued the government and federal police today, challenging the constitutionality of a gun-confiscation order targeting hunters, sport shooters and businesses.
The filing asked the Federal Court:
- to strike down the governing Liberal Party’s May 1 cabinet decree ordering federally licensed firearm owners to surrender their gear
- to invalidate the RCMP’s secret follow-up bans
The lawsuit is one of at least six being considered by individuals and groups across Canada, as opposition mounts against the arbitrary and unprecedented Liberal crackdown on honest citizens.
“This court action is the first in a series of actions planned by the CCFR to defend the rights, freedoms and liberty of law-abiding Canadians,” the Ottawa-based association said on its website.
The CCFR, which is inviting donations, asked the Federal Court to cancel the confiscation order on the grounds that:
- The regulation is invalid, unlawful, and outside of the scope of powers the Criminal Code could have delegated to the Governor in Council.
- The regulation and the means by which is was created and amended is unconstitutional;
- The regulation and its effect breaches each of the Canadian Charter of Rights and Freedoms, the Bill of Rights, and section 35 of the Constitution Act, 1982;
- The exercise of the regulation-making power by the Governor in Council was and is irrational, and contrary to clear fact and all available evidence; and
- Specifically, the firearms purported to be banned by this Order in Council are obviously suitable for hunting and sporting purposes in Canada, because that is exactly what we have been doing with them for decades.
Source: CCFR, Statement, 26 May 2020
Update May 27: “As this matter is currently before the courts, it would be inappropriate for the RCMP to comment at this time,” Camille Boily-Lavoie, a spokeswoman for the Royal Canadian Mounted Police, told TheGunBlog.ca on May 27.
Update May 28: Ian McLeod, a spokesman for the Department of Justice, e-mailed the TheGunBlog.ca on May 28 in response to our invitation to comment:
The Government of Canada is aware of proceedings that have been filed challenging the Order in Council passed on May 1. The Government is confident that the Order in Council is both reasonable and constitutional.
The Governor-in-Council, which is made up of Cabinet Ministers, has had the authority to make firearms regulations since 1969, including listing firearms as prohibited or restricted. This Criminal Code authority was used to amend the firearms regulations on May 1, 2020.
Source: Department of Justice, Response to TheGunBlog.ca, 28 May 2020
Highlights of Court Challenge
- CCFR (28,300 members)
- Rodney Giltaca
- Laurence Knowles
- Ryan Steacy
- Maccabee Defense Inc.
- Wolverine Supplies Ltd.
- Magnum Machine Ltd.
- Attorney General of Canada
- Number: T-577-20
- Location: Calgary
Filing to Federal Court
Update May 27: Adds certified court filing, RCMP response.